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  1. #1
    Join Date
    Jul 2008
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    3

    Default DOL Determined Probable Cause Exists

    My question involves labor and employment law for the state of: New York Suffolk County
    I have posted a question on this case once before but it has moved forward and now I'm really confused. I need some advice. Ok short history
    I was employed for about a year. the I got pregnant. then I had problems with the pregnancy. was put on bed rest. then released part time light duty. was told by my employer to go home couldn't work part time in fear I would get hurt. I had a desk job. Fine got released to go back full time was fired 4 days later. was told by the VP that they needed some who could be there and I couldn't perform my job because I was pregnant. he also told me if I didn't cause problems they wouldn't dispute unemployment.( I got UE. It's not their choice thank god)
    well the next day I filled for UE and I also filed with the DOL based on I was fired because I was pregnant.
    I filed a complaint
    the company filled and answer
    I filled a rebuttal
    then I herd nothing for almost 2 years. about 2 months ago the DOL held an information proceeding. I showed up to the DOL with as much paperwork and proof I did my job and did it well
    My former employer claimed I was always last and did do my job well
    The DOL requested certain people be present at the info gathering
    No one came not even their attorney. they sent a letter to the DOL giving them full permission to contact anyone they wanted to.
    The DOL told me to go home and wait to hear from them
    I didn't think anything would come of this being it is so hard to prove but low and behold I got papers in the mail from the DOL they have demanded there to be probable cause that the company had engaged in or is engaging in unlawful discriminatory practices. Holy cow!!!
    so anyway now they are going to conduct a public hearing before an administrative law judge. they have also said they may send out notice for a pre-hearing settlement conference. the DOL also said they would have an attorney appointed to me if I needed one but that he/she would present the case in support of the complaint but the attorney at all times represents the Division not the complaint themselves.
    What does this all mean? I'm so confused? what do I do? is the attorney from the division going to do enough to help me make or even obtain a settlement in this case? does anyone think I will get a settlement?
    I have been told by friends to ask for medical bills I have acquired because of this and any pay I may have made. What else should I consider? what else can I consider?
    I was really hurt mentally when they did this to me because I really loved my job and I was really good at it. In fact they promoted twice in a year with raises. then they canned me and told the DOL I was an awful worker. It hurt my feeling a lot. people I thought were proud of me at work and my bosses who made me feel to important totally lied. I felt like I was going crazy. like I knew I was good at work but why would they say such awful things about me. Also I was unable to get another job I was 6 months at the time and showing. No one would hire me. I had no insurance because it was through them and it was canceled. I couldn't find a doctor to take being so late in the pregnancy and it being high risk. I had to go to walk in clinics for care after that. I had a cerclage ( a stitch in my cervix) that had to be removed and no one wanted to do it because I had no insurance. it was a nightmare. I was stressed out beyond belief. crying all the time worried about my baby. In the end doctors were telling me to just go to the ER if I went into labor . Just walk in with no doctor and let just anyone deliver my baby. However my cervix was stitched closed. The problems my employer caused for me by firing me are endless. I am 36,000 in debut to doctors and the hospital. I have judgements due to this. They turned my life upside down and I want them to pay!! I also want them to learn a lesson so this doesn't happen to anyone else
    Can anyone help me
    Do I need to hire a private attorney? I don't have money for that.
    I don't have money for food LOL
    Do you think the DOL lawyer will do a good job> do you think I might get a settlement?
    Just looking for advice and options. please any thoughts would be great. Any words of hope would be great. Oh and what does full relief mean?
    thanks
    Shan
    P.S. so far have procedded with the help of my sister who was a pararlegal for a realestate/divorce attorney for 20 years. she only knows so much ya know and she cant answer my questions. She says I cant afford private council. she helped put my files together and get my paperwork in order oh and thought me things like papers that look legal i.e. Me Vs Them is called a pleadings etc. hahaha shes the best..

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: DOL Determined Probable Cause Exists

    Quote Quoting mopargirll
    View Post
    so anyway now they are going to conduct a public hearing before an administrative law judge. they have also said they may send out notice for a pre-hearing settlement conference. the DOL also said they would have an attorney appointed to me if I needed one but that he/she would present the case in support of the complaint but the attorney at all times represents the Division not the complaint themselves.
    What does this all mean?
    There is going to be a public hearing on your case before an administrative law judge. That's sort of like a trial, but less formal. They may hold a "pre-hearing settlement conference" to try to settle your case without a hearing. If they feel that you need a lawyer, they will appoint one to help present your case, but the lawyer will technically be representing the division and not you.
    Quote Quoting mopargirll
    is the attorney from the division going to do enough to help me make or even obtain a settlement in this case?
    I've never met the guy / gal.
    Quote Quoting mopargirll
    does anyone think I will get a settlement?
    It seems pretty likely.
    Quote Quoting mopargirll
    I have been told by friends to ask for medical bills I have acquired because of this and any pay I may have made. What else should I consider? what else can I consider?
    Claim whatever damages you suffered.
    Quote Quoting mopargirll
    Do I need to hire a private attorney? I don't have money for that.
    If you want a private attorney, you can call around and see if you can find one who will represent you on a contingency (percentage) basis.
    Quote Quoting mopargirll
    Oh and what does full relief mean?
    Relief that is full (complete).

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